Ash v. Royal Caribbean Cruises Ltd.

991 F. Supp. 2d 1214, 2013 WL 6970900, 2013 U.S. Dist. LEXIS 177946
CourtDistrict Court, S.D. Florida
DecidedDecember 18, 2013
DocketCase No. 13-20619-CIV
StatusPublished
Cited by5 cases

This text of 991 F. Supp. 2d 1214 (Ash v. Royal Caribbean Cruises Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ash v. Royal Caribbean Cruises Ltd., 991 F. Supp. 2d 1214, 2013 WL 6970900, 2013 U.S. Dist. LEXIS 177946 (S.D. Fla. 2013).

Opinion

ORDER

DONALD L. GRAHAM, District Judge.

THIS CAUSE came before the Court upon Defendant Dutch Tours’ Motion to Dismiss [D.E. 61], Defendant’s Motion to Strike Plaintiff’s Corrected Notice of Filing Supplemental Authority [D.E. 83], the parties’ Joint Motion for Entry of Scheduling Order Regarding RDVT’s Forthcoming Motion to Dismiss for Forum Non Conveniens [D.E. 49] and Plaintiffs’ Motion for Extension of Time to Complete Jurisdictional Discovery [D.E. 50].

THE COURT has considered the motion and the pertinent portions of the record, and is otherwise fully advised in the premises.

I. BACKGROUND

This action arises out of an incident that occurred on the island of St. Maarten. As part of Plaintiffs’ cruise aboard the Freedom of the Stars, while docked in St. Maarten, Plaintiffs participated in the Loterie Farm Treetop Adventure Tour. On route to the Loterie Farm, Plaintiffs allege that they suffered injuries when the bus driver lost control of the bus and crashed into a ditch. Plaintiffs bring three causes of action against Dutch Tours: (1) Negligence (Count II, DE 1 ¶¶ 39-45); (2) Joint Venture (Count TV, DE 1 ¶¶ 54-65); and (3) Third Party Beneficiary (Count V, DE 1 ¶¶ 266-70). Dutch Tours asserts that the complaint should be dismissed in its entirety against Dutch Tours for lack of [1216]*1216personal jurisdiction pursuant to Fed. R.Civ.P. 12(b)(2), and each count against Dutch Tours should be dismissed for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6).

II. LEGAL STANDARD

Whether a federal court has personal jurisdiction over a defendant is a question of law. Consol. Dev. Corp. v. Sherritt, Inc., 216 F.3d 1286, 1291 (11th Cir.2000). The burden is on the Plaintiff to establish a prima facie case of personal jurisdiction over a nonresident defendant. Id. In order to determine whether this court has personal jurisdiction over the nonresident defendant, Dutch Tours, the Court must undertake a two-part analysis. First the court must determine whether the Florida long-arm statute provides a basis for personal jurisdiction. If so, then determine whether sufficient minimum contacts exist between Dutch Tours and the forum state so as to satisfy “traditional notions of fair play and substantial justice” under the Due Process Clause of the Fourteenth Amendment. Sculptchair, Inc. v. Century Arts, Ltd., 94 F.3d 623, 626 (11th Cir.1996).

Florida Statute § 48.193 provides for two distinct categories of personal jurisdiction: specific jurisdiction under § 48.193(1) and general jurisdiction under § 48.193(2). Specific Jurisdiction under Section 48.193(1) “arises out of a party’s activities in the forum that are related to the cause of action alleged in the complaint.” Consol. Dev. Corp. v. Sherritt, Inc., 216 F.3d 1286, 1291 (11th Cir.2000). “A court has the minimum contacts to support specific jurisdiction only where the defendant ‘purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.’ ” Sherritt, 216 F.3d at 1291 (Citing Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283 (1958)).

General personal jurisdiction under Section 48.193(2) arises from the defendant’s contacts with the forum that are unrelated to the cause of action being litigated. Id. “The due process requirements for general personal jurisdiction are more stringent than for specific personal jurisdiction, and require a showing of continuous and systematic general business contacts between the defendant and the forum state.” Id.

Florida’s long-arm statute is to be strictly construed. Oriental Imports & Exports, Inc. v. Maduro & Curiel’s Bank, N.V., 701 F.2d 889, 891 (11th Cir.1983). “Under Florida law, the plaintiff bears the burden of proving personal jurisdiction: When a defendant raises through affidavits, documents or testimony a meritorious challenge to personal jurisdiction, the burden shifts to the plaintiff to prove jurisdiction by affidavits, testimony or documents.’ ” Sculptchair, Inc. v. Century Arts, Ltd., 94 F.3d 623, 627 (11th Cir.1996) (citing Jet Charter Serv., Inc. v. Koeck, 907 F.2d 1110, 1112 (11th Cir.1990), cert. denied, 499 U.S. 937, 111 S.Ct. 1390, 113 L.Ed.2d 447 (1991)). “A plaintiff seeking to subject a nonresident defendant to jurisdiction of the court through the long-arm statute must do more than allege facts that show a possibility of jurisdiction.” Jet Charter Serv., Inc. v. Koeck, 907 F.2d 1110,1112 (11th Cir.1990).

III. DISCUSSION

A. Florida Long Arm Statute

1. Specific Personal Jurisdiction

Plaintiffs’ Complaint alleges that “Excursion Entities are subject to jurisdiction of the Court because they maintain an office and sell shore excursion tickets in [1217]*1217Miami, Florida under/or sell shore excursion tickets through RCCL’s website which is administered in Florida.” [D.E. 1, ¶ 14]. Plaintiffs argue that specific jurisdiction exists under section 48.193(l)(a), Florida Statutes, which provides in pertinent part:

48.193 Acts subjecting person to jurisdiction of courts of state.—

(1) any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:
(a) Operating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state.

§ 48.193(l)(a), Fla. Stat. (2009). Plaintiffs however fail to allege facts showing that Dutch Tours itself operated, conducted, engaged in, or carried on a business or business venture in Florida, or that Dutch Tours has an office or agency in Florida as required under Fla. Stat. § 48.193(l)(a). Moreover, Plaintiffs allege that the claims arise out of events occurring in St.

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Cite This Page — Counsel Stack

Bluebook (online)
991 F. Supp. 2d 1214, 2013 WL 6970900, 2013 U.S. Dist. LEXIS 177946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ash-v-royal-caribbean-cruises-ltd-flsd-2013.